Company has made an application for registration of trademark under the provisions of the Trademarks Act under various classes, other than the classes in which ... case (4th cited supra), was considering the provision of Trademark Act, but yet the same principles will apply when the aspect of infringement of trademark
Trademark Act and Section 62 of
Copyrights Act, even assuming that the respondent is infringing the
appellant's trademark, the plaintiff have the jurisdiction ... place of
business or branch office. Trademarks Act and Copyrights Act are the
beneficial legislations. The said Acts empowers the plaintiff to file the suit
they are the exclusive proprietorship of
the use of the trademark KAVIRAJ under Trademarks
Act, 1999 and Copyright Act, 1957 and also it is claiming ... trademark is established, onus would be on
defendant to show that he is entitled to use the
trademark as well- Trademarks Act
registered
trademark is not infringed where the use of registered trademark,
being one of two or more trademarks registered under this Act
CS (Comm ... using the
impugned trademark.
23. Plaintiff, in the instant matter, is registered trademark
holder for trademark PLASTO/PLASTO Label vide different
trademark certificates for different
which were
bearing trademark "Tarek". It is the case of prosecution that the
trademark was deceptively similar to the trademark of the complainant ... goods bearing false trademark, the accused Sandeep Chauhan is liable
to be charged for the offence u/s.104 of Trademark Act, 1999.
16. Contention
falsify any genuine trademark by alteration, addition, defacement
etc., it shall be falsifying trademark. Subsection (2) of section 102 of
Trademark Act, 1999 provides that ... above said articles with identical trademark/deceptively similar
trademark, section 103 & 104 of the Trademark Act, 1999, gets
attracted. There is a registered trademark
registration of the trademark as well as the device and the label under the provisions of the Trademarks Act and it has obtained several registrations ... plaintiff are well known trademarks within the meaning of this expression in Section 2(1)(zg) of the Trademarks Act, 1999.
6. It has also
breach of trademark.
32 The learned counsel for the plaintiff/applicant thereafter referred to Sec.10 of the Trademark Act, which stipulates that a trademark ... alone from serving as a trademark."
This proposition cannot be disputed, as Sec.10 of the Trademark Act also permits registration of colour combination
Trademark Act.
7. The plaintiff has also proved the validity of the registrations which are stated to have been renewed from time to time ... Merchandise Marks Act, 1958 and the corresponding provisions of the Trademarks Act, 1999 .
10. This trademark and name, because of the wide spread
filed the suit alleging infringement of trademark in
this Court by invoking Section 134 of the Trademarks Act. The plaintiff
M/s RSPL ... Trade Marks Act and Section 62(2)
of the Copyright Act. Thus, the plaintiff may file a
suit for infringement of trademark/copyright either
